The CBP cannot intervene in asylum cases anymore

The current situation of the political asylum process

Recently, the political asylum process has been tremendously affected, not only by the arrival of the global Coronavirus pandemic, but also by policies and restrictions implemented by the Trump administration in recent years.

In fact, the current circumstances in which asylum seekers live are worrying and risky. This is mainly due to an agreement signed in 2019 between the governments of the US and Mexico called the Migrant Protection Protocol (MPP).

Broadly speaking, this policy, also known as “Remain in Mexico”, states that immigrants who want to apply for political asylum in the US must submit their request and wait in Mexico while their cases are resolved or until they have a hearing with a local judge.

It is important to clarify that the majority of asylum seekers do not have many belongings or financial solvency, which is why they currently live in temporary shelters built around the borders of Mexico.

These temporary shelters are rustic and do not have the necessary resources to protect the health of immigrants, supply food, have hygiene and safety protocols, or prevent risks from local gangs.

In addition to that, political asylum hearings were suspended for more than two months due to the massive outbreak of Coronavirus and the alarming number of infected people in the US.

Thus, the situation has substantially worsened for asylum seekers in the North American territory amid the global Coronavirus pandemic.

Despite the circumstances, there is positive news for asylum seekers

Finally, asylum seekers receive positive news since a local judge decided to intervene in the current problem between the US border forces and immigrants requesting political asylum.

A federal judge of the District of Columbia ordered that asylum applications must be reviewed only by asylum officers from the US Citizenship and Immigration Services (USCIS). In addition to that, the US Customs and Border Protection (CBP) will no longer be able to intervene in political asylum cases.

To understand the judge’s ruling, it is important to know more about the recent history of the political asylum process.

Let’s see some important aspects:

  1. Normally, asylum applications are reviewed by specialized USCIS agents, who have received appropriate training to understand the political asylum process, the implications for immigrants and the country, the basic requirements, and the necessary procedures.
  2. In January 2020, the Trump administration ordered the CBP to intervene in asylum applications before they were reviewed by a USCIS employee.
    Therefore, border forces had the power and the right to reject asylum applications if, in their opinion, they did not comply with the mandatory requirements.

The federal judge argues that CBP agents do not have the necessary training to fully understand the political asylum process and the conditions in which immigrants flee the danger of their countries.

That is why the Trump administration no longer has the power to use border forces to intervene in political asylum requests.

Start your immigration journey as soon as possible

This news is encouraging for thousands of immigrants currently residing in Mexico under the MPP policy and who are patiently waiting for the opportunity to present their cases before a local judge or a USCIS employee.

Apart from that, immigration processes other than political asylum are already returning to normal after the massive outbreak of Coronavirus in the US.

Therefore, this is the right time for you to start preparing the necessary documentation for your immigration case.

If you have any questions about an immigration issue or relating to a case you may have currently in progress, then please don’t hesitate to contact us for a FREE Phone Consultation with one of our expert immigration attorneys.

Simply call Motion Law today at: (202) 918-1799.